Orissa High Court
BLAPL/6360/2026 of ASHISH RAY @ NIKHIL Vs STATE OF ODISHA on 8 September 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.6360 of 2026 CNR No. ODHC010455422026 Ashish Ray @ Nikhil & others … Petitioners Mr. D.J. Sahoo, Advocate -versus- State of Odisha … Opposite Party Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) :
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.6360 of 2026
CNR No. ODHC010455422026
Ashish Ray @ Nikhil & others
…
Petitioners
Mr. D.J. Sahoo, Advocate
-versus-
State of Odisha
…
Opposite Party
Mr. M.R. Patra, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) : 08.09.2026
02.
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1. This is a bail application U/S.483 of BNSS by the petitioners for grant of bail in connection with Badmal P.S. Case No.198 of 2026 corresponding to C.T. (Special) Case No.36 of 2026 pending in the file of learned Special Judge, Jharsuguda, for commission of offence punishable U/S.21(c) of the NDPS Act, on the main allegation of possessing 89nos. of bottles WINCEREX Cough Syrup each measuring 100ml containing Codeine Phosphate.
2. Heard Mr. Dibya Jyoti Sahoo, learned counsel for the petitioners and Mr. M.R. Patra, learned Addl. PP in this matter and perused the record. On being queried about the criminal antecedents of the petitioners, Mr. Sahoo volunteers to withhold bail to the petitioners, if they are found to have any criminal antecedent of similar nature for commission of offence under NDPS Act.
3. Admittedly, the petitioners were taken into custody on 28.05.2026, but in the meantime, charge sheet has already been submitted, however, the trial is yet to commence and there are 16 charge sheeted witnesses and, therefore, the trial would take some time. Further, it is claimed that the petitioners are not having any criminal antecedents of similar nature. In such view of the matter and taking into account the materials placed on record keeping in view the claim of the petitioners for not having any criminal antecedents, the petitioners would be considered to have satisfied the conditions of Section 37 of NDPS Act, if they are not having any criminal antecedent of similar nature for commission of offence under NDPS Act.
4. For the reasons stated hereinabove and taking into account the custodial period of the petitioners, this Court without expressing any view on merit, admits each of the petitioners to bail, but subject to verification of their criminal antecedents for similar nature for commission of offence under NDPS Act.
5. Hence, the bail application of the petitioner stands allowed and each of the petitioners is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) each with two solvent sureties for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions except cash surety as deem fit and proper by it.
In view of the specific submission advanced for the petitioners, the benefit of the aforesaid order shall not be extended to the concerned petitioner(s), if he/they is/are found to have criminal antecedent(s) of similar nature for commission of offence under NDPS Act.
6. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference.
(G. Satapathy)
Judge
S.Sasmal Digitally Signed Signed by: SUBHASMITA SASMAL Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 08-Sep-2026 19:13:33 Signature Not Verified